Case: Brown v. Lexington County

3:17-cv-01426 | U.S. District Court for the District of South Carolina

Filed Date: June 1, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 1, 2017, nine indigent residents of South Carolina filed this class action lawsuit in the U.S. District Court for the District of South Carolina. The plaintiffs sued Lexington County, South Carolina, the Chief Judge for Administrative Purposes of the Summary Courts in Lexington County, and the Associate Chief Judge for Administrative Purposes of the Summary Courts in Lexington County, all under 42 U.S.C. § 1983. The plaintiffs, represented by the ACLU, sought declaratory, injunctive, an…

On June 1, 2017, nine indigent residents of South Carolina filed this class action lawsuit in the U.S. District Court for the District of South Carolina. The plaintiffs sued Lexington County, South Carolina, the Chief Judge for Administrative Purposes of the Summary Courts in Lexington County, and the Associate Chief Judge for Administrative Purposes of the Summary Courts in Lexington County, all under 42 U.S.C. § 1983. The plaintiffs, represented by the ACLU, sought declaratory, injunctive, and monetary relief, as well as attorneys' fees and costs. The case was assigned to District Judge Margaret B. Seymour and referred to Magistrate Judge Shiva V. Hodges. The plaintiffs claimed that the defendants had created a modern-day debtors' prison through a system that routinely deprived indigent people of their rights under the U.S. Constitution.

Under what was called the Default Payment Policy, Lexington County magistrate courts routinely ordered the arrest and jailing of people who could not afford to make payments toward court fines and fees in traffic and misdemeanor criminal cases. When an indigent person was unable to pay in full at sentencing, the magistrate court imposed a payment plan that required steep monthly payments that were usually beyond the individual's financial means. According to the plaintiffs, if the indigent person failed to pay, the magistrate court ordered law enforcement to arrest and jail the individual. The plaintiffs claimed that, by regularly jailing indigent persons despite their inability to pay court fines and fees, the defendants had violated the plaintiffs' rights under the Fourth Amendment, Sixth Amendment, as well as the due process and equal protection clauses of the Fourteenth Amendment.

On July 21, 2017, the plaintiffs moved to certify a class consisting of "[a]ll indigent people who currently owe, or in the future will owe, fines, fees, court costs, assessments, or restitution in cases handled by Lexington County magistrate courts."

On August 18, 2017, the defendants moved for summary judgment regarding the plaintiffs' claims for declaratory and injunctive relief on the grounds that such claims were either moot or would require intervention by the district court in ongoing state criminal proceedings. Later, the defendants filed a supplemental motion, adding the argument that such claims by the plaintiffs had been rendered moot by a Memorandum to Magistrates and Municipal Judges that Chief Judge Donald W. Beatty issued on September 15, 2017.

The September 2017 memorandum addressed the right to counsel by noting that "[a]ll defendants facing criminal charges that carry the possibility of imprisonment must be informed of their right to counsel and, if indigent, their right to court-appointed counsel prior to proceeding with trial." The defendants claimed that this sentence cured any concern the plaintiffs may have had with regard to the right to counsel in situations carrying the possibility of imprisonment.

On October 19, 2017, the plaintiffs filed an amended complaint, adding two plaintiffs and one defendant with additional details in the factual allegations to accommodate the new parties.

On October 31, 2017, the defendants moved for summary judgment of the damage claims, arguing that the claims were barred by the Rooker-Feldman doctrine, judicial immunity, and legislative immunity. The defendants also argued that as a matter of law, no defendant had the legal authority to create the policies alleged by the plaintiffs.

On February 5, 2018, Magistrate Judge Hodges filed a report and recommendation regarding the two motions for summary judgment and the motion to certify class. She recommended that the court deny the plaintiff's motion to certify class, grant the defendants' motion for summary judgment as to declaratory and injunctive relief and deny the defendants' motion for summary judgment as to the plaintiffs' damages claim against Lexington County for failure to afford counsel on grounds of mootness based on a memorandum from the South Carolina Supreme Court and grant the motion as to all other claims.

Partially agreeing with Judge Hodges, Judge Seymour denied the motion to certify the class without prejudice on March 29, 2018 because it relied on claims for prospective relief. Contrary to the recommendation, however, the court denied both motions for summary judgment, finding that there were genuine issues of material fact. 2018 WL 1556189.

In response to the court's order, the plaintiffs filed a second motion to certify the class on April 17, 2018 and the defendants filed a motion for reconsideration as to the denials of summary judgment on April 24, 2018. Without first waiting for a ruling on their motion, the defendants appealed the denial of the two motions for summary judgment to the United States Court of Appeals for the Fourth Circuit.

Before the Fourth Circuit could rule on the summary judgment motions, Judge Seymour denied the defendants' motions for reconsideration on July 10, 2018, rejecting the defendant's argument that the claims were now moot. After several motions and conferences in the fall, Judge Seymour referred the case to mediation under the guidance of Judge Hodges on October 19, 2018. Upon moving the case to mediation, Judge Seymour dismissed the motion for class certification without prejudice, granting the plaintiffs' leave to refile should mediation fail.

During mediation negotiation, a Fourth Circuit panel composed of Judges J. Harvie Wilkinson, Diana Gribbon Motz, and Allyson K. Duncan found that they lacked jurisdiction to provide judgment on the defendant's interlocutory appeals on the summary judgment motions on January 23, 2019. They found that the record before them did not give them the opportunity to tell if the defendants were eligible for immunity, which was the subject of the appeal, and they remanded the case to the District Court to resolve this question of material fact.

On July 8, 2020, the plaintiffs renewed their second amended motion for class certification. The court granted the motion on March 5, 2021, defining the class as “[a]ll indigent people who currently owe, or in the future will owe, fines, fees, court costs, assessments, or restitution in cases handled by Lexington County magistrate court.” The court appointed the American Civil Liberties Union Foundation, the American Civil Liberties Union Foundation of South Carolina, and a law firm as class counsel. 2021 WL 856878.

On April 11, 2022, both the defendants and the plaintiffs filed motions for summary judgment. On August 5, 2022, the case was reassigned to Judge Sherri A Lydon.

On August 22, 2022, the court denied the plaintiffs’ motion for summary judgment and granted in part and denied in part the defendants’ motion for summary judgment. The court granted summary judgment for the defendants on most of the plaintiffs' claims for injunctive relief based on the doctrine of Younger abstention, which prevents federal courts from impeding the adjudication of future state criminal cases by a district court. The only injunctive claim that survived summary judgment was the plaintiff's Sixth Amendment claim against Lexington County. The court also granted summary judgment for the defendants on the plaintiffs' damages claims against the former and current Chief Judges for Administrative Purposes of the Summary Courts in Lexington County in their individual capacities because these two defendants had judicial immunity.

The court dismissed the plaintiffs’ due process claims related to incarceration without a pre-deprivation ability-to-pay hearing, holding that the Lexington County Sheriff was not liable for any violations because he acted pursuant to facially valid bench warrants. The court denied the plaintiffs' Fourth Amendment claims for the same reason. As the plaintiff's Sixth Amendment claims for damages against Lexington County, the court held that only nominal damages were available because the plaintiffs had not established the causation necessary for compensatory damages. 2022 WL 3588065.

The plaintiffs appealed the court’s dismissal of their claims to the Fourth Circuit. The parties subsequently settled the claims that had survived summary judgment, and the plaintiffs dismissed their appeal. Lexington County agreed to raise salaries of three attorneys assigned to the county magistrate court system and to fund three other attorney positions, as well as a paralegal, investigator, administrative assistant and social worker. Lexington County also agreed to continue funding these positions in all subsequent years. The County also agreed that the plaintiffs were eligible to receive attorneys' fees and costs. The settlement stated that the court would retain jurisdiction over the case for enforcement purposes.

The court granted the parties’ joint motion for final approval of the class action settlement on March 9, 2023. Later that year, on September 29, the court awarded the plaintiffs $976,927.22 in attorneys’ fees and $104,020.96 in costs.

As of February 15, 2025, there have been no further developments.

Summary Authors

Jake Parker (6/13/2018)

Ellen Aldin (6/1/2020)

Isabel Bysiewicz (2/9/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6351145/parties/brown-v-lexington-county-south-carolina/


Judge(s)
Attorney for Plaintiff

Akselrod, Olga (South Carolina)

Choi, Woo Ri (South Carolina)

Choudhury, Nusrat Jahan (South Carolina)

Danjuma, Rodkangyil Orion (South Carolina)

Attorney for Defendant
Expert/Monitor/Master/Other

Assa'ad-Faltas, Marie (South Carolina)

show all people

Documents in the Clearinghouse

Document

3:17-cv-01426

Docket [PACER]

June 4, 2020

June 4, 2020

Docket
1

3:17-cv-01426

Class Action Complaint

June 1, 2017

June 1, 2017

Complaint
48

3:17-cv-01426

Class Action Second Amended Complaint

Oct. 19, 2017

Oct. 19, 2017

Complaint
74

3:17-cv-01426

Report and Recommendation

Feb. 5, 2018

Feb. 5, 2018

Magistrate Report/Recommendation

2018 WL 3120676

84

3:17-cv-01426

Opinion and Order

March 29, 2018

March 29, 2018

Order/Opinion

2018 WL 1556189

107

3:17-cv-01426

Opinion and Order

July 10, 2018

July 10, 2018

Order/Opinion

2018 WL 3359019

41

3:17-cv-01426

18-01524

Opinion

Brown v. Reinhart

U.S. Court of Appeals for the Fourth Circuit

Jan. 23, 2019

Jan. 23, 2019

Order/Opinion

760 Fed.Appx. 175

156

3:17-cv-01426

Order and Opinion

May 20, 2020

May 20, 2020

Order/Opinion

2020 WL 2553309

166

3:17-cv-01426

Opinion and Order

June 18, 2020

June 18, 2020

Order/Opinion

2020 WL 3286957

227

3:17-cv-01426

Opinion and Order

March 5, 2021

March 5, 2021

Order/Opinion

2021 WL 856878

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6351145/brown-v-lexington-county-south-carolina/

Last updated May 4, 2025, 4:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Rebecca Adams, Lexington County, South Carolina, Robert Madsen, Gary Reinhart, Bryan Koon (Filing fee $ 400 receipt number 0420-7181905), filed by Sasha Monique Darby, Amy Marie Palacios, Xavier Larry Goodwin, Twanda Marshinda Brown, Cayeshia Cashel Johnson. Service due by 8/30/2017.(mwal) (Entered: 06/02/2017)

June 1, 2017

June 1, 2017

Clearinghouse
3

Local Rule 26.01 Answers to Interrogatories by Twanda Marshinda Brown, Sasha Monique Darby, Xavier Larry Goodwin, Cayeshia Cashel Johnson, Amy Marie Palacios.(mwal) (Entered: 06/02/2017)

June 1, 2017

June 1, 2017

PACER
4

Summons Issued as to Rebecca Adams, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. (mwal) (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

PACER
5

MOTION to Certify Class by Twanda Marshinda Brown. Response to Motion due by 6/16/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support, # 2 Affidavit In support of motion, # 3 Affidavit In support of motion, # 4 Affidavit In support of motion, # 5 Affidavit In support of motion, # 6 Exhibit Exh A. Chart of inmates, # 7 Exhibit Exh. B Analysis of Jail Population, # 8 Affidavit In support of motion, # 9 Exhibit Exh.A Brown Bench Warrant, # 10 Exhibit Exh.B Brown Public Index, # 11 Exhibit Exh.C Darby Bench Warrant, # 12 Exhibit Exh.D Darby Public Index, # 13 Exhibit Exh. E Johnson Bench Warrant, # 14 Exhibit Exh. F Johnson Public Index)No proposed order.Motions referred to Shiva V Hodges.(Dunn, Susan) (Attachment 3 replaced on 6/5/2017) (mwal). Modified to add additional attachments at ECF No. 7 on 6/6/2017 (mwal). (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

PACER
6

MOTION to Appear Pro Hac Vice by Nusrat J. Choudhury ( Filing fee $ 250 receipt number 0420-7188143) by Twanda Marshinda Brown. Response to Motion due by 6/19/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Choudhury Affidavit in support of PHV motion, # 2 Exhibit Certificate of Good Standing for Choudhury)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Shiva V Hodges.(Dunn, Susan) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
7

Additional Attachments to Main Document 5 MOTION to Certify Class . First attachment description: Palacio Bench Warrant. (Attachments: # 1 Palacio Public Index, # 2 Goodwin Bench Warrant, # 3 Goodwin Public Index, # 4 Spreadsheet Failure to Comply and Archived Bench Warrants, # 5 Spreadsheet narrowed to exclude Jail only and Nolle Prosequi)(mwal) (Entered: 06/06/2017)

June 5, 2017

June 5, 2017

PACER
8

MOTION to Appear Pro Hac Vice by Toby J. Marshall ( Filing fee $ 250 receipt number 0420-7194758) by Twanda Marshinda Brown. Response to Motion due by 6/22/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Marshall Affidavit for PHV admission, # 2 Exhibit Marshall Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Shiva V Hodges.(Dunn, Susan) (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

PACER
9

MOTION to Appear Pro Hac Vice by Eric R. Nusser ( Filing fee $ 250 receipt number 0420-7194770) by Twanda Marshinda Brown. Response to Motion due by 6/22/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Nusser affidavit for PHV admission, # 2 Exhibit Nusser Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Shiva V Hodges.(Dunn, Susan) (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

PACER
10

TEXT ORDER granting 6 MOTION to Appear Pro Hac Vice by Nusrat J. Choudhury; granting 8 MOTION to Appear Pro Hac Vice by Toby J. Marshall; and granting 9 MOTION to Appear Pro Hac Vice by Eric R. Nusser. Signed by Magistrate Judge Shiva V Hodges on 6/27/2017. (mwal) (Entered: 06/28/2017)

June 27, 2017

June 27, 2017

PACER
12

Consent MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Certify Class by Rebecca Adams, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. Response to Motion due by 7/21/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Shiva V Hodges.(Woodington, Kenneth) (Entered: 07/07/2017)

July 7, 2017

July 7, 2017

RECAP
13

TEXT ORDER granting 12 Consent MOTION for Extension of Time. Defendants response to 5 MOTION to Certify Class is now due by August 7, 2017. Signed by Magistrate Judge Shiva V Hodges on 7/7/2017. (mwal) (Entered: 07/07/2017)

July 7, 2017

July 7, 2017

PACER
14

NOTICE of Appearance by William Henry Davidson, II on behalf of Rebecca Adams, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart (Davidson, William) (Entered: 07/07/2017)

July 7, 2017

July 7, 2017

PACER
15

ANSWER to 1 Complaint, by Robert Madsen.(Woodington, Kenneth) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

PACER
16

ANSWER to 1 Complaint, by Bryan Koon.(Woodington, Kenneth) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

PACER
17

ANSWER to 1 Complaint, by Lexington County, South Carolina.(Woodington, Kenneth) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

PACER
18

ANSWER to 1 Complaint, by Rebecca Adams, Gary Reinhart.(Woodington, Kenneth) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

PACER
19

SCHEDULING ORDER Rule 26(f) Conference Deadline 8/9/2017, 26(a) Initial Disclosures due by 8/23/2017, Rule 26 Report due by 8/23/2017, Motions to Amend Pleadings due by 10/18/2017, Plaintiffs ID of Expert Witness due by 11/17/2017, Defendants ID of Expert Witnesses due by 12/18/2017, Records Custodian Affidavit due by 12/18/2017, Discovery due by 2/15/2018, Motions due by 3/2/2018, ADR Statement due by 4/6/2018, Mediation due by 5/1/2018. Signed by Magistrate Judge Shiva V Hodges on 7/20/2017. (mwal) (Entered: 07/20/2017)

July 20, 2017

July 20, 2017

PACER
20

AMENDED COMPLAINT against All Defendants, filed by Twanda Marshinda Brown. Service due by 10/19/2017 (Dunn, Susan) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
21

MOTION to Certify Class by Twanda Marshinda Brown. Response to Motion due by 8/4/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support Memo in support of Amended Motion for Class certification, # 2 Affidavit From Choudhury in support, # 3 Affidavit From Dunn in support of motion, # 4 Affidavit From Marshall in support of motion, # 5 Affidavit From Nusser in support of Motion, # 6 Exhibit A to Nusser declaration-Inmate Chart, # 7 Exhibit B to Nusser declaration- Bench Warrant analysis, # 8 Affidavit From Papachristo in support, # 9 Exhibit A to Papachristo-Bench Warrant Brown, # 10 Exhibit B to Papachristo-Public Index Brown, # 11 Exhibit C to Papachristo-Bench Warrant Darby, # 12 Exhibit D to Papachristo-Public Index Darby, # 13 Exhibit E to Papachristo-Bench Warrant Johnson, # 14 Exhibit F to Papachristo-Public index Johnson, # 15 Exhibit G to Papachristo-Bench Warrant Palacio, # 16 Exhibit H to Papachristo-Public Index Palacio, # 17 Exhibit I to Papachristo-Bench Warrant Goodwin, # 18 Exhibit J to Papachristo- Public Index Goodwin, # 19 Exhibit K to Papachristo-Inmate Chart, # 20 Exhibit L to Papachristo-Chart)No proposed order.Motions referred to Shiva V Hodges.(Dunn, Susan) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
22

Consent MOTION for Extension of Time to File Answer re 20 Amended Complaint by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. Response to Motion due by 8/9/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Shiva V Hodges.(Woodington, Kenneth) (Entered: 07/26/2017)

July 26, 2017

July 26, 2017

PACER
23

TEXT ORDER granting 22 Consent MOTION for Extension of Time. Additionally, Defendants' deadline to respond to Plaintiffs' motion to certify class is extended to August 18, 2017. Signed by Magistrate Judge Shiva V Hodges on 7/27/2017. (mwal) (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

PACER
24

ANSWER to 20 Amended Complaint by Rebecca Adams, Albert John Dooley, III, Gary Reinhart.(Woodington, Kenneth) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
25

ANSWER to 20 Amended Complaint by Bryan Koon.(Woodington, Kenneth) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
26

ANSWER to 20 Amended Complaint by Lexington County, South Carolina.(Woodington, Kenneth) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
27

ANSWER to 20 Amended Complaint by Robert Madsen.(Woodington, Kenneth) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
28

Local Rule 26.01 Answers to Interrogatories by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart.(Woodington, Kenneth) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
29

MOTION for Partial Summary Judgment (declaratory and injunctive relief) by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. Response to Motion due by 9/1/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support, # 2 Exhibit Affidavit of Colleen Long)No proposed order.Motions referred to Shiva V Hodges.(Woodington, Kenneth) (Entered: 08/18/2017)

1 Memo in Support

View on RECAP

2 Exhibit Affidavit of Colleen Long

View on PACER

Aug. 18, 2017

Aug. 18, 2017

PACER
30

RESPONSE in Opposition re 21 MOTION to Certify Class Response filed by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart.Reply to Response to Motion due by 8/25/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Woodington, Kenneth) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
31

MOTION for Extension of Time to File Response/Reply as to 30 Response in Opposition to Motion, 29 MOTION for Partial Summary Judgment (declaratory and injunctive relief) by Twanda Marshinda Brown. Response to Motion due by 9/6/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Shiva V Hodges.(Dunn, Susan) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
32

Rule 26(f) Report by Twanda Marshinda Brown. (Attachments: # 1 Exhibit Joint 26f report)(Dunn, Susan) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
33

TEXT ORDER granting 31 MOTION for Extension of Time. Plaintiff's deadline to file a response to 29 MOTION for Partial Summary Judgment (declaratory and injunctive relief) and reply to 30 Defendants' Memorandum in Opposition to Class Certification is now September 11, 2017. Signed by Magistrate Judge Shiva V Hodges on 8/24/2017. (mwal) (Entered: 08/24/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
34

FIRST AMENDED SCHEDULING ORDER 26(a) Initial Disclosures due by 9/13/2017, Rule 26 Report due by 8/23/2017, Motions to Amend Pleadings due by 10/18/2017, Plaintiffs ID of Expert Witness due by 1/19/2018, Defendants ID of Expert Witnesses due by 2/23/2018, Records Custodian Affidavit due by 2/23/2018, Discovery due by 4/2/2018, Motions due by 5/4/2018, ADR Statement due by 5/2/2018, Mediation due by 6/1/2018. Signed by Magistrate Judge Shiva V Hodges on 8/24/2017. (mwal) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
35

RESPONSE in Opposition re 29 MOTION for Partial Summary Judgment (declaratory and injunctive relief) Response filed by Twanda Marshinda Brown.Reply to Response to Motion due by 9/18/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Affidavit Declaration of Goodwin, # 2 Affidavit Declaration of Wright)(Dunn, Susan) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
36

REPLY to Response to Motion re 21 MOTION to Certify Class, 31 MOTION for Extension of Time to File Response/Reply as to 30 Response in Opposition to Motion, 29 MOTION for Partial Summary Judgment (declaratory and injunctive relief) Response filed by Twanda Marshinda Brown. (Dunn, Susan) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
37

Consent MOTION for Extension of Time to File Response/Reply as to 35 Response in Opposition to Motion, 29 MOTION for Partial Summary Judgment (declaratory and injunctive relief) by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. Response to Motion due by 9/28/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Shiva V Hodges.(Woodington, Kenneth) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
38

TEXT ORDER granting ECF No. 37 . Defendants' reply to ECF No. 35 is now due by September 22, 2017. Signed by Magistrate Judge Shiva V. Hodges on 9/14/2017. (bgoo) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
39

REPLY to Response to Motion re 29 MOTION for Partial Summary Judgment (declaratory and injunctive relief) Response filed by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. (Attachments: # 1 Exhibit 10 year driving record of Xavier Goodwin, # 2 Exhibit Richland Co. records for Goodwin, # 3 Exhibit Lexington Co. records for Goodwin)(Woodington, Kenneth) (Entered: 09/22/2017)

1 Exhibit 10 year driving record of Xavier Goodwin

View on PACER

2 Exhibit Richland Co. records for Goodwin

View on PACER

3 Exhibit Lexington Co. records for Goodwin

View on PACER

Sept. 22, 2017

Sept. 22, 2017

RECAP
40

Supplemental MOTION for Summary Judgment by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. Response to Motion due by 10/6/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit Memo of Chief Justice Beatty)No proposed order.Motions referred to Shiva V Hodges.(Woodington, Kenneth) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER
41

MOTION for Extension of Time by Twanda Marshinda Brown. Response to Motion due by 10/13/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Shiva V Hodges.(Dunn, Susan) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

Clearinghouse
42

TEXT ORDER granting 41 MOTION for Extension of Time. Plaintiff's response to 40 Supplemental MOTION for Summary Judgment is now due by October 13, 2017. Signed by Magistrate Judge Shiva V Hodges on 9/29/2017. (mwal) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
43

RESPONSE in Opposition re 40 Supplemental MOTION for Summary Judgment Response filed by Twanda Marshinda Brown.Reply to Response to Motion due by 10/20/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Affidavit Declaration of Eric Nusser, # 2 Affidavit Declaration of Toby Marshall)(Dunn, Susan) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
44

MOTION for Extension of Time to File Response/Reply as to 43 Response in Opposition to Motion, 40 Supplemental MOTION for Summary Judgment by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. Response to Motion due by 11/1/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Shiva V Hodges.(Woodington, Kenneth) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
45

TEXT ORDER granting 44 MOTION for Extension of Time. Defendants' reply in support to 40 Supplemental MOTION for Summary Judgment is now due by November 3, 2017. Signed by Magistrate Judge Shiva V Hodges on 10/18/2017. (mwal) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
46

MOTION to Amend/Correct 20 Amended Complaint by Twanda Marshinda Brown. Response to Motion due by 11/1/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit EX. 1 Proposed 2nd Amended Complaint with changes redlined, # 2 Exhibit EX.2 Proposed 2nd Amended Complaint (Clean copy))Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Shiva V Hodges.(Dunn, Susan) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
47

TEXT ORDER granting 46 MOTION to Amend/Correct 20 Amended Complaint. The Clerk's office is directed to file ECF No. 46-2 as Plaintiff's second amended complaint. Defendants' deadline to answer or otherwise plead as to the second amended complaint is November 2, 2017. Signed by Magistrate Judge Shiva V Hodges on 10/19/2017. (mwal) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
48

SECOND AMENDED COMPLAINT against Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart, filed by Sasha Monique Darby, Amy Marie Palacios, Xavier Larry Goodwin, Twanda Marshinda Brown, Cayeshia Cashel Johnson.(mwal) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

Clearinghouse
49

MOTION to Stay re 40 Supplemental MOTION for Summary Judgment by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. Response to Motion due by 11/13/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit Agenda for judges' training session)No proposed order.Motions referred to Shiva V Hodges.(Woodington, Kenneth) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
50

MOTION for Summary Judgment on Damage Claims by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. Response to Motion due by 11/14/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support)No proposed order.Motions referred to Shiva V Hodges.(Woodington, Kenneth) (Entered: 10/31/2017)

Oct. 31, 2017

Oct. 31, 2017

PACER
51

MOTION to Stay Discovery and Scheduling Order Deadlines by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. Response to Motion due by 11/14/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Shiva V Hodges.(Woodington, Kenneth) (Entered: 10/31/2017)

Oct. 31, 2017

Oct. 31, 2017

PACER
52

ANSWER to 48 Amended Complaint, by Lexington County, South Carolina.(Woodington, Kenneth) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
53

ANSWER to 48 Amended Complaint, by Robert Madsen.(Woodington, Kenneth) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
54

ANSWER to 48 Amended Complaint, by Rebecca Adams, Albert John Dooley, III, Gary Reinhart.(Woodington, Kenneth) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
55

ANSWER to 48 Amended Complaint, by Bryan Koon.(Woodington, Kenneth) (Main Document 55 replaced to correct document on 11/2/2017) (mwal). (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
56

Consent MOTION for Extension of Time by Twanda Marshinda Brown. Response to Motion due by 11/21/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Shiva V Hodges.(Dunn, Susan) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
57

TEXT ORDER granting 56 Consent MOTION for Extension of Time. Plaintiffs' deadline to respond to ECF Nos. 50 and 51 is now November 29, 2017. Defendants' replies will be due by December 11, 2017. Signed by Magistrate Judge Shiva V Hodges on 11/7/2017. (mwal) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
58

RESPONSE in Opposition re 49 MOTION to Stay re 40 Supplemental MOTION for Summary Judgment Response filed by Twanda Marshinda Brown.Reply to Response to Motion due by 11/20/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Dunn, Susan) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
59

Consent MOTION for Leave to File Excess Pages by Twanda Marshinda Brown. Response to Motion due by 12/1/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Shiva V Hodges.(Dunn, Susan) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
60

TEXT ORDER granting 59 Consent MOTION for Leave to File Excess Pages. Signed by Magistrate Judge Shiva V Hodges on 11/17/2017. (mwal) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
61

REPLY to Response to Motion re 49 MOTION to Stay re 40 Supplemental MOTION for Summary Judgment Response filed by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. (Woodington, Kenneth) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
62

Withdrawal of Motions: 49 MOTION to Stay re 40 Supplemental MOTION for Summary Judgment filed by Bryan Koon, Gary Reinhart, Lexington County, South Carolina, Robert Madsen, Albert John Dooley, III, Rebecca Adams, 40 Supplemental MOTION for Summary Judgment filed by Bryan Koon, Gary Reinhart, Lexington County, South Carolina, Robert Madsen, Albert John Dooley, III, Rebecca Adams.. (Woodington, Kenneth) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
64

Withdrawal of Motions: 5 MOTION to Certify Class filed by Twanda Marshinda Brown. (mwal) (Entered: 11/27/2017)

Nov. 22, 2017

Nov. 22, 2017

PACER
66

RESPONSE in Opposition re 50 MOTION for Summary Judgment on Damage Claims Response filed by Twanda Marshinda Brown.Reply to Response to Motion due by 12/6/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Affidavit Declaration of Brown, # 2 Affidavit Declaration of Darby, # 3 Affidavit Declaration of Palacios, # 4 Affidavit Declaration of Corder, # 5 Affidavit Declaration of Goodwin, # 6 Affidavit Affidavit of Ryan authenticating Exh. A and B, # 7 Affidavit Rule 56(b) Declaration of Chourdury)(Dunn, Susan) (Entered: 11/29/2017)

Nov. 29, 2017

Nov. 29, 2017

PACER
67

RESPONSE in Opposition re 51 MOTION to Stay Discovery and Scheduling Order Deadlines Response filed by Twanda Marshinda Brown.Reply to Response to Motion due by 12/6/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Affidavit Nusser declaration in opposition)(Dunn, Susan) (Entered: 11/29/2017)

Nov. 29, 2017

Nov. 29, 2017

PACER
68

Consent MOTION for Leave to File Excess Pages and for two-day extension of time by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. Response to Motion due by 12/27/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Shiva V Hodges.(Woodington, Kenneth) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER
69

TEXT ORDER granting 68 Consent MOTION for Leave to File Excess Pages and extension of time. Replies to ECF Nos. 66 and 67 are now due by December 13, 2017. Signed by Magistrate Judge Shiva V Hodges on 12/8/2017. (mwal) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER
70

REPLY to Response to Motion re 51 MOTION to Stay Discovery and Scheduling Order Deadlines, 50 MOTION for Summary Judgment on Damage Claims Response filed by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. (Attachments: # 1 Affidavit Long affidavit with attachments (tickets and bench warrants), # 2 Exhibit Amended Complaiint in Foster v. Alexander)(Woodington, Kenneth) (Entered: 12/13/2017)

Dec. 13, 2017

Dec. 13, 2017

PACER
71

Joint MOTION to Stay Scheduling Order by Twanda Marshinda Brown. Response to Motion due by 1/19/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Shiva V Hodges.(Dunn, Susan) (Entered: 01/05/2018)

Jan. 5, 2018

Jan. 5, 2018

PACER
72

ORDER granting 71 Joint MOTION to Stay Scheduling Order filed by Twanda Marshinda Brown. Signed by Magistrate Judge Shiva V Hodges on 1/8/2018. (mwal) (Entered: 01/08/2018)

Jan. 8, 2018

Jan. 8, 2018

PACER
73

TEXT ORDER granting 51 MOTION to Stay Discovery and Scheduling Order Deadlines, as consistent with the court's January 8, 2018 text order. Signed by Magistrate Judge Shiva V Hodges on 2/5/2018. (mwal) (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
74

REPORT AND RECOMMENDATION recommending the court: (1) deny Plaintiff's 21 MOTION to Certify Class; (2) grant Defendants' 29 MOTION for Summary Judgment as to declaratory and injunctive relief; and (3) deny Defendants' 50 MOTION for Summary Judgment as to Plaintiffs' damages claim against Lexington County for failure to afford counsel and grant the motion as to all other claims. Objections to R&R due by 2/20/2018. (mwal) (Main Document 74 replaced on 2/5/2018) (mwal, ). (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

Clearinghouse
75

Joint MOTION for Extension of Time by Twanda Marshinda Brown. Response to Motion due by 2/21/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Dunn, Susan) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
76

TEXT ORDER granting 75 Joint MOTION for Extension of Time. Objections to 74 REPORT AND RECOMMENDATION are now due by March 2, 2018. Reply to objections are now due by March 23, 2018. Signed by Honorable Margaret B Seymour on 2/12/2018. (mwal) (Entered: 02/12/2018)

Feb. 12, 2018

Feb. 12, 2018

PACER
77

Consent MOTION for Leave to File Excess Pages by Twanda Marshinda Brown. Response to Motion due by 3/13/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Shiva V Hodges.(Dunn, Susan) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
78

TEXT ORDER granting 77 Consent MOTION for Leave to File Excess Pages filed by Twanda Marshinda Brown. Signed by Magistrate Judge Shiva V Hodges on 2/27/2018. (mwal) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
79

OBJECTION to 74 Report and Recommendation by Lexington County, South Carolina. Reply to Objections due by 3/16/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Woodington, Kenneth) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
80

OBJECTION to 74 Report and Recommendation by Twanda Marshinda Brown. Reply to Objections due by 3/16/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Dunn, Susan) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

RECAP
81

REPLY by Twanda Marshinda Brown to 79 Objection to Report and Recommendation . (Dunn, Susan) (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

PACER
82

REPLY by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart to 80 Objection to Report and Recommendation . (Attachments: # 1 Exhibit Court Admin. memo, orders and forms)(Woodington, Kenneth) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

PACER
84

ORDER declining to adopt 74 Report and Recommendation; denying Plaintiffs' 21 Motion to Certify Class; denying Defendants' 29 Motion for Partial Summary Judgment as to declaratory and injunctive relief; and denying Defendants' 50 Motion for Summary Judgment. This matter is recommitted to the Magistrate Judge for further pretrial handling. Signed by Honorable Margaret B Seymour on 3/29/2018. (mwal) (Entered: 03/30/2018)

March 29, 2018

March 29, 2018

Clearinghouse
85

SECOND AMENDED SCHEDULING ORDER: Plaintiffs ID of Expert Witness due by 6/4/2018, Defendants ID of Expert Witnesses due by 7/2/2018, Records Custodian Affidavit due by 7/2/2018, Discovery due by 8/6/2018, Motions due by 9/4/2018, ADR Statement due by 9/7/2018, Mediation due by 10/9/2018. Signed by Magistrate Judge Shiva V Hodges on 4/3/2018. (mwal) (Entered: 04/03/2018)

April 3, 2018

April 3, 2018

PACER
86

Second MOTION to Certify Class by Twanda Marshinda Brown. Response to Motion due by 5/1/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support Memo in support of 2nd amended class certification)No proposed order.Motions referred to Shiva V Hodges.(Dunn, Susan) (Entered: 04/17/2018)

April 17, 2018

April 17, 2018

PACER
87

MOTION for Reconsideration re 84 Order Ruling on Report and Recommendation, by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. Response to Motion due by 5/8/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support)No proposed order.(Woodington, Kenneth) Modified to edit text on 4/24/2018 (mwal). (Entered: 04/24/2018)

April 24, 2018

April 24, 2018

PACER
88

Supplemental MOTION for Reconsideration re 84 Order Ruling on Report and Recommendation, by Lexington County, South Carolina. Response to Motion due by 5/11/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support)No proposed order. (Woodington, Kenneth) Modified to edit text on 4/26/2018 (mwal). (Entered: 04/26/2018)

April 26, 2018

April 26, 2018

PACER
89

RESPONSE in Opposition re 86 Second MOTION to Certify Class Response filed by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart.Reply to Response to Motion due by 5/3/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Woodington, Kenneth) (Entered: 04/26/2018)

April 26, 2018

April 26, 2018

PACER
90

NOTICE OF APPEAL as to 84 Order Ruling on Report and Recommendation, by Rebecca Adams, Bryan Koon, Gary Reinhart. - Filing fee $ 505, receipt number 0420-7747398. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Woodington, Kenneth) (Entered: 04/26/2018)

April 26, 2018

April 26, 2018

PACER
91

Transmittal Sheet for Notice of Appeal to USCA re 90 Notice of Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (mwal) (Entered: 05/01/2018)

April 30, 2018

April 30, 2018

PACER
92

ASSEMBLED INITIAL ELECTRONIC RECORD TRANSMITTED TO FOURTH CIRCUIT COURT OF APPEALS re 90 Notice of Appeal, Electronic record successfully transmitted. (mwal) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER
93

RESPONSE in Opposition re 87 MOTION for Reconsideration re 84 Order Ruling on Report and Recommendation,, 88 Supplemental MOTION for Reconsideration re 84 Order Ruling on Report and Recommendation, Response filed by Twanda Marshinda Brown.Reply to Response to Motion due by 5/11/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Dunn, Susan) (Entered: 05/03/2018)

May 3, 2018

May 3, 2018

PACER
94

REPLY to Response to Motion re 86 Second MOTION to Certify Class Reply in Support of Motion Response filed by Twanda Marshinda Brown. (Dunn, Susan) (Entered: 05/03/2018)

May 3, 2018

May 3, 2018

PACER
95

Letter from 4CCA. (mwal) (Entered: 05/08/2018)

May 8, 2018

May 8, 2018

PACER
97

REPLY to Response to Motion re 87 MOTION for Reconsideration re 84 Order Ruling on Report and Recommendation,, 88 Supplemental MOTION for Reconsideration re 84 Order Ruling on Report and Recommendation, Response filed by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. (Woodington, Kenneth) (Entered: 05/10/2018)

May 10, 2018

May 10, 2018

PACER
98

MOTION to Appear Pro Hac Vice by Carl G. Snodgrass ( Filing fee $ 250 receipt number 0420-7780793) by Twanda Marshinda Brown. Response to Motion due by 5/29/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application to Appear PHV, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Shiva V Hodges.(Dunn, Susan) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

PACER
99

TEXT ORDER granting 98 MOTION to Appear Pro Hac Vice by Carl G. Snodgrass. Signed by Magistrate Judge Shiva V Hodges on 5/15/2018. (mwal) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

PACER
100

STIPULATION of Dismissal without Prejudice as to Defendant Madsen by Twanda Marshinda Brown. (Dunn, Susan) (Entered: 05/16/2018)

May 16, 2018

May 16, 2018

RECAP
101

First MOTION to Compel Production by Twanda Marshinda Brown. Response to Motion due by 5/30/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Declaration of Nusser in support of motion, # 2 Exhibit First set of requests to Lexington County and Madsen, # 3 Exhibit First set of request to Koon, # 4 Exhibit First set of requests to Reinhart, Adams and Dooley, # 5 Exhibit May 4, 2018 letter from Marshall to Defense attorneys, # 6 Exhibit Emails relating to production)No proposed order.Motions referred to Shiva V Hodges.(Dunn, Susan) (Main Document 101 replaced on 5/18/2018) (mwal, ). (Entered: 05/16/2018)

May 16, 2018

May 16, 2018

PACER
103

NOTICE of Hearing: Telephone Status Conference re discovery set for 6/1/2018 at 2:00 p.m. in chambers before Magistrate Judge Shiva V Hodges. Plaintiff's counsel is directed to arrange and initiate the conference call at the specified time, conference in all other participating counsel and then connect to chambers at (803) 253-6431.(ttil, ) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
104

TEXT ORDER suspending the deadline for defendant's response to plaintiff's 101 First Motion to Compel Production pending further notice. Signed by Magistrate Judge Shiva V Hodges on 5/30/2018. (ttil, ) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
105

AMENDED NOTICE of Hearing (change in time only): Telephone Status Conference re discovery set for 6/1/2018 at 3:00 p.m. in chambers before Magistrate Judge Shiva V Hodges. Plaintiff's counsel is directed to arrange and initiate the conference call at the specified time, conference in all other participating counsel and then connect to chambers at (803) 253-6431.(ttil, ) (Entered: 06/01/2018)

June 1, 2018

June 1, 2018

PACER
106

Minute Entry. Proceedings held before Magistrate Judge Shiva V Hodges: Telephone Status Conference held on 6/1/2018. The parties address the court re 101 Motion to Compel, oral order denying 101 Motion to Compel without prejudice, the court suspends the current scheduling order deadlines and directs the parties to contact chambers upon Judge Margaret Seymour's ruling on 87 Motion for Reconsideration. Court Reporter: no court reporter. (ttil, ) (Entered: 06/04/2018)

June 1, 2018

June 1, 2018

PACER
107

OPINION AND ORDER denying 87 Motion for Reconsideration ; denying 88 Motion for Reconsideration Signed by Honorable Margaret B Seymour on 7/9/2018.(mdea ) (Entered: 07/10/2018)

July 10, 2018

July 10, 2018

Clearinghouse

Case Details

State / Territory: South Carolina

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: June 1, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All indigent people who currently owe, or in the future will owe, fines, fees, court costs, assessments, or restitution in cases handled by Lexington County magistrate courts.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Lexington County, South Carolina (Lexington), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Goals (e.g., for hiring, admissions)

Amount Defendant Pays: $1,080,948.18

Order Duration: 2023 - None

Issues

General/Misc.:

Fines/Fees/Bail/Bond

Poverty/homelessness

Policing:

False arrest

Reproductive rights:

Fetus Identity